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1983 Supreme(Raj) 148

K.D.SHARMA
SHIV BHAGWAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
JAGDEEP DHANKAR, Madan Raj Singhvi, O.P.Sharma, PUBLIC PROSECUTOR, Shiv Bhagwan

Judgment


K. D. SHARMA, C. J.

( 1 ) THIS is an application in revision filed by Shiv Bhagwan, against judgment of the Additional Sessions Judge, Sikar dated March 16, 1978, by which his conviction and sentences under section 7 read with section 16 of the Prevention of Food Adulteration Act, hereinafter reference to as the Act, were upheld and maintained. It will not be out of place to mention that the petitioner was prosecuted for the aforesaid offence in the court of the Munsif and Judicial Magistrate, First Class. Sikar, who, by his judgment, convicted the petitioner of the charge under section 7 read with section 16 of the Act and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer simple imprisonment for three months.

( 2 ) THE prosecution case against the petitioner was that on February 22, 1974, Food Inspector, Municipal Council, Sikar, purchased a sample of milk from him near Kalyan Circle, Sikar. The sample was divided into three equal parts and elchpart was filled in a dry clean bottle after adding 18 drops of formalin to it. All the three bottles were then properly corcked and sealed a




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